Barth v. Lackawanna & Wyoming Valley R. R.

Opinion by

Mr. Chief Justice Frazer,

Plaintiff was a guest in an automobile driven by her husband, Elmer Barth, at the time of a collision with an electric car of defendant company at a grade crossing. She sued in trespass to recover damages for her injuries received and for the death of her husband, which re- suited from the accident. The jury awarded plaintiff $5,000 for her injuries but allowed no compensation for the death of her husband. Defendant has appealed from the refusal of the lower court to enter judgment non obstante veredicto and argues that the case falls within the…